Categorical Exlusion Form (NEPA).PDF

EFLHD NEPA Categorical Exclusion Form EFL-TM-ENV-03(04)

PR ERFO FS 2017-1(3)

Eastern Federal Lands Highway Division NEPA Categorical Exclusion Form

Project Number: PR ERFO FS 2017-1(3) Date: 9/16/2020

Project Name: Repair Storm Damage on PR 191, PR 9938, PR 86, PR 9966, PR 930, and PR 186

Location: EL Yunque National Forest Puerto Rico

CE Category 23 CFR 771.117 (c)(22): Projects, as defined in 23 U.S.C. 101, that would take place entirely within the existing operational right-of-way [...]

See 23 CFR 771.117 for full description of CE categories, including additional requirements when applying (c)26-28.

Project Description The Eastern Federal Lands Highway Division of the Federal Highway Administration (FHWA), in cooperation with the United States Forest Service (FS) will repair several roads in El Yunque National Forest (EYNF) that were damaged by Hurricane Maria in September of 2017. The repair work will reconstruct asphalt concrete pavement, reconstruct road embankment, recondition shoulders and ditches, replace culverts, repair slides, construct gabion gravity walls, and will also include the completion of other minor miscellaneous repairs. The repairs are located on PR 191, PR 9938, PR 930, PR 988, PR 9966, and PR 186 in the Luquillo and Río Grande municipalities. The Site Location Summary (Appendix B) provides a list of the damage sites, the limits of work (latitude and longitude), and a summary of the repair work to be completed.

Environmental Commitments and Mitigation Measures Erosion Control Measures:

Sediment control measures including sediment barriers, diversion berms, and drainage piping will be used as necessary. No hay bales can be used.

At the end of project, slopes will be recontoured to eliminate any compaction, rutting or channeling of water during rain events to minimize erosion.

When soil is saturated from heavy rain events, earth movement and excavations will be suspended. Project continuation will be contingent upon weather conditions.

Erosion control materials will be made of biodegradable materials (preferably from coconut fiber, erosion control mat) or removed from the site at the end of the sediment control plan period. The plastic in straw waddles will be removed at the end of the sediment control plan

EFLHD NEPA Categorical Exclusion Form EFL-TM-ENV-03(04) period if used. No hay bales will be used and plastic monofilament mesh will be avoided, since snakes and birds are easily ensnared.

Seeding and fertilizer will not be used for erosion control. The Forest Ecologist must approve any species to be planted in advance.

Puerto Rican Boa Protection Measures:

Before starting equipment at the beginning of each day, wheels, wheel wells, grills and engines will be inspected for boas.

Before heavy equipment including excavator, tractor, roller, are used in an area, a qualified person will inspect equipment to search for and remove boas from the equipment.

Before heavy equipment begins operations in areas with woody debris, trees, or logs, a qualified person will search for and remove boas from the area prior to using heavy equipment. The boas will be relocated to adjacent forested areas away from the work area with woody debris and in the shade of the canopy of the trees.

All instances where boas are seen, seen and relocated, or harmed, will be documented.

Documentation will include: Date, time, latitude and longitude of location of boa, type of action taken with boa (if any), and any harm to boa.

Puerto Rican Parrot Measures:

Where active Puerto Rican Parrot nests are known:

o No construction work will be allowed within a 200 meter perimeter during the breeding season (January to June).

FHWA will consult and coordinate with the FS and U.S. Fish and Wildlife Service (FWS) in order to obtain latest data on release efforts and telemetry work undertaken at EYNF.

Puerto Rican Broad-winged Hawk (PRBWH) Protection Measures:

Where active PRBWH nests are known:

o An area of 300-meter radius will be secured, taking the nest tree, perch tree or site where the PRBWH was observed as the central point.

o No construction work will be allowed within a 200-meter perimeter during the breeding season (January to June).

o No cutting or removal of mature trees with a DBH greater or equal to 25cm and with a height greater or equal 15m will be allowed within the perimeter.

o In areas where the PRBWH has been seen, vegetation will be cleared outside of the breeding season. Exceptions on clearing vegetation avoidance may occur, but only on no suitable habitat for the species and where a minimal area of vegetation may need to be removed during nesting season.

EFLHD NEPA Categorical Exclusion Form EFL-TM-ENV-03(04)

For construction between June-December, the areas to be impacted will be searched before initiating work.

o Although low probability, if any listed birds are found displaying courtship behavior or nesting, do not disturb the birds and walk away from the area. Locate flagging tape on a nearby tree (within 10 meters) recording a compass bearing and distance to nest or bird location to avoid disturbing the animals.

o No heavy machinery will be operated in this area to avoid disturbing the birds. A 20 meters exclusion zone around the sighting will be clearly established. Do not begin any type of work in that area and conduct further searches to ensure there is no nesting or courtship activity.

Plant Protection Measures:

Tree cutting will not be permitted without prior approval from the FS Forest Ecologist.

o Laurel sabino (Magnolia splendens) trees will be flagged to avoid any damage.

No material will be cast down slope from the repair sites along PR 186 to avoid impacts to listed plants such as Eugenia haematocarpa, Styrax portoricensis, and Callicarpa ampla

General Mitigation Measures:

All vehicles entering the worksite must be free of any vegetation and/or vegetation parts

(seeds, stems, etc.) to avoid introduction of any invasive species.

Food and food container trash will be removed from the site daily.

No feeding of wild animals nor domestic animals on the EYNF will occur.

Music will not be played at the work sites.

No woody vegetation will be removed from the forest, unless otherwise permitted.

Cultural Resources:

Care will be taken to avoid damaging four historic features present in the project area.

o 191-D-01, KM 7.2: Civilian Conservation Corps (CCC) era stone retaining wall with a circular drain pipe and modern concrete culvert drain. The retaining wall will be constructed beside and not connected to the existing historic retaining wall and will not impact existing features.

o 191-K-01, KM 10.1: CCC era stone retaining wall with plaster capping at road level. The capping of stone retaining walls in El Yunque with plaster was a common improvement undertaken during the 1950s and 1960s. The repair will install gabion wall beyond the limits of the existing retaining wall and concrete barrier, which will not impact the existing features.

o 191-K-02, KM 10.1: CCC era drop drain with a later iron grate. The concrete drop drain is square and drains through a circular pipe. The pipe culvert will be

EFLHD NEPA Categorical Exclusion Form EFL-TM-ENV-03(04) replaced; however, the inlet will be left in place and cleaned. The inlet will be protected during construction o 191-Q-01, KM 11.8: Post-CCC era concrete drop drain. The pipe culvert will be replaced; however, the inlet will be left in place and cleaned. The inlet will be protected during construction.

191-E-02, KM 7.9: CCC era stone retaining wall located at a bend in the roadway. There is a vertical crack in the center of the wall, which now is covered in heavy vegetation. The existing wall is severely compromised and will be demolished and replaced. A Memorandum of Agreement (MOA) was developed and executed on September 15, 2020 to resolve the adverse effect on this contributing feature to PR-191 north, a CCC era road. The feature will be documented by a professional meeting the qualification standards in the Secretary of Interior’s Professional Qualification Standards (36 CFR 61) prior to and during demolition. Documentation will include color photographs, measurements, drawings to capture the current layout and condition of the wall, and a narrative providing historic context. Documentation will be provided to the FS and the SHPO for approval.

Archeological monitoring by a qualified professional will also be implemented during construction to identify any previously undocumented archeological deposits. Monitoring will occur during all clearing, grubbing, grading, excavating and other ground disturbing activities associated with the construction of the project.

Archeological monitoring will be conducted during construction (including the installation of temporary widening to maintain traffic) at site PR 191 KM 7.9 to 8 to avoid impacting a historic culvert (191-E-04) and stone retaining wall (191-E-05).

Archeological monitoring will be conducted during construction (including the installation of temporary widening to maintain traffic) at site PR 186 KM 19.7, to ensure that there are no impacts to the CCC era bridge.

Summary of Section 7 of the Endangered Species Act Compliance A Biological Assessment (BA) was prepared to analyze the impacts to Federally-listed species that are potentially present in the project area, which included: Elfin-woods Warbler (Setophaga angelae), Puerto Rican Broad-Winged Hawk (Buteo platypterus brunnescens); Puerto Rican Parrot (Amazona vittata); Puerto Rican Sharp-Shinned Hawk (Accipiter striatus venator); Puerto Rican Boa (Epicrates inornatus); Callicarpa ampla; Ilex sintenisii; Ternstroemia luquillensis;

Styrax portoricensis; Ternstroemia subsessilis; Eugenia haematocarpa; and, Elfin-Woods Warbler (Setophaga angelae) critical habitat. In a letter dated July 17, 2020, FHWA submitted the BA to the FWS, and requested concurrence with their determination that the project implemented with the mitigation measures and Best Management Practices outlined in the BA may affect, but is not likely to adversely affect Federally-listed species or their critical habitat.

EFLHD NEPA Categorical Exclusion Form EFL-TM-ENV-03(04)

In a letter dated August 5, 2020, the FWS concurred with FHWA’s determination that the proposed action may affect, but is not likely to adversely affect the above referenced species, and is not likely to adversely modify designated critical habitat. The FWS also indicated that certain areas along PR- 186, are considered as “hot spots” for listed plants such as Eugenia haematocarpa, Styrax portoricensis, and Callicarpa ampla. Work proposed in this area will occur within the existing roadway prism; however, care should be taken to avoid any side casting of material down slope.

Summary of Section 106 of the National Historic Preservation Act Compliance A Cultural Resource Survey was conducted to identify archeological sites and components of historic reads that could be impacted by the proposed undertaking. No archeological sites were discovered as a result of the combination of pedestrian reconnaissance and controlled interval and judgmental subsurface testing. The built resources survey identified all resources 50 years or older in the APE, and assessed their significance and integrity by applying the National Register of Historic Places Criteria for Evaluation (36 CFR 60.4). PR 191, also referred to as Mameyes- Rio Blanco Road, was constructed by the CCC. This road is eligible for the National Register of Historic Places (NRHP). In addition to PR 191, PR 186 is also considered a contributing property based on NRHP criteria. PR 191 is the road most used by visitors to EYNF since the road was built in the mid-1930s. PR 186 was originally built to provide access to timber stands and planting units, and to connect Cabuy and Canóvanas. After its initial construction, PR 186 now also provides access to picnic and recreational areas. PR 9966 was built to connect PR 191 and PR 966. PR 988 was built to provide access to timber plots, a sawmill, the Sabana Work Camp, and as a transportation route within EYNF. PR 9938, also known as the Mount Britton Loop Road, provides access to the popular Mount Britton trailhead. PR 930, also known as Molindero/East Peak Road provided access to many recreational areas that used to exist, but now leads to U.S. Navy facilities on East Peak.

A total of 52 built resources exceeding 50 years of age were identified on four of these roads.

Most of the resources were found on PR 191 and PR 196 (37 and 13 respectively) while PR 988 and PR 9938 only had one resource each. Forty-two (42) of these 52 resources constitute contributing resources to “Multiple Property Documentation Form-New Deal Era Constructions in the Forest Reserves in Puerto Rico, 1933-1942.” Repair or replacement will occur on or near five of the 42 resources because they were damaged by the storm and are currently failing.

In a letter dated March 13, 2020, FHWA submitted the Cultural Resource Survey to the Puerto Rico State Historic Preservation Officer and requested concurrence with their determination that the proposed undertaking would have no adverse effect on historic resources. However, after further evaluation, FHWA reconsidered its posture in regards to the effects on the retaining wall

EFLHD NEPA Categorical Exclusion Form EFL-TM-ENV-03(04) on PR 191 north, KM 7.9. Road PR-191 is eligible for inclusion in the National Register of Historic Places as a contributing resource to the “Multiple Property Documentation Form-New Deal Era Constructions in the Forest Reserves in Puerto Rico, 1933-1942.”. In consultation with the FS, FHWA found that demolition and reconstruction of the CCC era retaining wall at PR 191 north KM 7.9 (191-E-02) to Secretary of Interior (SOI) standards was not possible. The existing wall is severely compromised and will need to be demolished and replaced. The demolition of the wall would constitute an adverse effect to a contributing feature of the CCC era road. An MOA was developed and executed on September 15, 2020 to resolve the adverse effect on this contributing feature to PR-191 north, a CCC era road. Mitigation measures outlined in the MOA are summarized in the section above. The MOA also documented that the FHWA determined and the SHPO concurred that the remaining forty-one (41) contributing built features would not be adversely affected by the project.

Additional Agency Coordination and Compliance n/a

EFLHD NEPA Categorical Exclusion Form EFL-TM-ENV-03(04)

Categorical Exclusion Recommendation:

On the basis of the environmental impact information in the statutory compliance file, with which I am familiar, I believe the project should be categorically excluded from further NEPA analysis.

Lisa T. Landers Environmental Protection Specialist

Federal Highway Administration

Categorical Exclusion Determination:

On the basis of the environmental impact information in the statutory compliance file, with which I am familiar, I am categorically excluding the described project from further NEPA analysis. The project meets the 23 CFR 771.117(a) definition of a categorical exclusion. No unusual circumstances per 23 CFR 771.117(b) apply.

Kevin S. Rose Environmental Team Leader

Federal Highway Administration

LISA THAXTON

LANDERS

Digitally signed by LISA THAXTON LANDERS Date: 2020.09.16 12:20:12 -04'00'

KEVIN S ROSE Digitally signed by KEVIN S ROSE Date: 2020.09.16 12:58:28 -04'00'

EFLHD NEPA Categorical Exclusion Form EFL-TM-ENV-03(04)

Appendix A: Environmental Checklist

Section 7 of the Endangered Species Act:

Are Federally-listed species potentially present in the study area? Yes, see Notesi No If Yes, effects determination:

No Effect May Affect, Not Likely to Adversely Affect May Affect, Likely to Adversely Affect

Section 106 of the National Historic Preservation Act:

Are historic properties known to be present in the study area? Yes No

If Yes, will they be impacted by the project? Yes No Will previously undisturbed ground be disturbed?

Yes No Effects determination:

No Historic Properties Affected No Adverse Effect Adverse Effect, MOA Executed Was tribal consultation completed? Yes No

Water and Wetlands:

Section 404 of the Clean Water Act

Are impacts to Waters of the US anticipated? Yes No If Yes, approval anticipated:

Nationwide Permit (NWP) Regional General Permit Individual Permit Section 401 of the Clean Water Act

NWP certified by State Individual Certification Section 402 of the Clean Water Act (National Pollutant Discharge Elimination System)

Will the land disturbance threshold likely be exceeded to require a permit and SWPPP?

Yes No

Is post-construction stormwater management review/approval anticipated? Yes No Project is consistent with Executive Order 11990, Protection of Wetlands

Floodplains:

Is the project in a FEMA floodplain?

Yes No Floodplain not mapped Project is consistent with Executive Order 11988, Floodplain Management

Section 4(f) of the USDOT Act:

Does the project meet the Section 4(f) exemption for Federal lands transportation facilities under

Section 1119(c)(2) of MAP-21, 23 U.S.C. 138(a)? Yes No Is there a use of a Section 4(f) property in the study area? Yes No

EFLHD NEPA Categorical Exclusion Form EFL-TM-ENV-03(04)

If Yes, De Minimis Finding: Programmatic: Individual 4(f):

Section 6(f) of the Land and Water Conservation Fund:

Was the property purchased with grant funds from the Land and Water Conservation Fund?

Yes No

If Yes, was documentation of approval from National Park Service Director received for the conversion or replacement of 6(f) property? Yes No

Coastal Zone Management Act of 1972:

Is the project in a Coastal Zone? Yes No If yes, will a Federal Consistency Review be completed? Yes No

Right of Way:

Is the project completely within the transportation facility’s right-of-way? Yes No If no, will the project require relocations or easements? Yes No

Hazardous Waste and Materials:

Are hazardous materials or contamination exceeding regulatory thresholds (as set by U.S. EPA, County Environmental Health, etc.) present? Yes No If Yes, is the nature and extent of the hazardous materials or contamination fully known? Yes No, plan for securing information provided in Notes Section 7(a) of the Wild and Scenic Rivers Act:

Are there Wild and Scenic Rivers? Yes No Eligible If Yes, has review by the river-administering agency been completed? Yes No

Clean Air Act:

Is the project in a non-attainment area? Yes No

If Yes, is the project on the Transportation Improvement Program(TIP)/State Implementation Plan(SIP)? Yes No

Highway Traffic and Construction Noise Regulations:

The proposed project is a Type I project (highway on a new location, substantial horizontal or vertical alteration, new through or auxiliary lanes). Noise analysis is required.

The proposed project is a Type II project (retrofit for noise abatement).

The proposed project is a Type III project (noise analysis not required).

Does not apply.

Environmental Justice and Title IV Act:

Is an Environmental Justice population, as identified in Executive Order 12898, present?

Yes, explanation provided in Notes section No Will the project induce disproportionately high and adverse impacts to minority, low income, or special groups? Yes, additional analysis is needed No Farmland Protection Policy Act for Highway Projects:

Does the project displace, require acquisition of, or require an easement from farmland?

EFLHD NEPA Categorical Exclusion Form EFL-TM-ENV-03(04)

Yes No Does the project affect any other resources not listed above? Explain below and list anticipated permits:

i Federally-listed species per U.S. Fish and Wildlife Service’s IPaC: Elfin-woods Warbler (Setophaga angelae), Puerto Rican Broad-Winged Hawk (Buteo platypterus brunnescens); Puerto Rican Parrot (Amazona vittata); Puerto Rican Sharp-Shinned Hawk (Accipiter striatus venator); Puerto Rican Boa (Epicrates inornatus); Callicarpa ampla;

Ilex sintenisii; Ternstroemia luquillensis; Styrax portoricensis; Ternstroemia subsessilis; Eugenia haematocarpa;

and, Elfin-Woods Warbler (Setophaga angelae) critical habitat.

United States Department of the Interior

FISH AND WILDLIFE SERVICE

Caribbean Ecological Services Field Office

PO Box 491 Boquerón, PR 00622

In Reply Refer To:

FWS/R4/CESFO/72119-058

Mr. Kevin S. Rose Environmental Compliance Officer Federal Highway Administration Eastern Federal Lands, Highway Division 21400 Ridgetop Circle Sterling, VA, 20166-6511

Re: HFPP-15, PR ERFO FS 2017-1(3)

Permanent Repairs to Multiple Sites El Yunque National Forest, Puerto Rico

Dear Mr. Rose:

Thank you for your July 17, 2020, letter requesting Section 7 consultation for the permanent repair of various roads within El Yunque National Forest. Our comments are provided under the Endangered Species Act (ESA) (87 Stat. 884, as amended; 16 United States Code 1531 et seq.).

The Federal Highway Administration (FHWA) and the United States Forest Service (USFS) propose to repair several roads in El Yunque National Forest (EYNF) that were damaged by Hurricane Maria in September 2017. The repair work would reconstruct asphalt concrete pavement, reconstruct road embankment, recondition shoulders and ditches, replace culverts, repair slides, construct gabion gravity walls, and would also include the completion of other minor miscellaneous repairs. The repairs are located on PR- 191, PR- 9938, PR- 930, PR -988, PR- 9966, and PR-186 in the Luquillo and Río Grande municipalities.

A Biological Assessment (BA) was prepared to analyze impacts to the following species: Elfin-woods Warbler (Setophaga angelae), Puerto Rican Broad-Winged Hawk (Buteo platypterus brunnescens); Puerto Rican Parrot (Amazona vittata); Puerto Rican Sharp-Shinned Hawk (Accipiter striatus venator); Puerto Rican Boa (Epicrates inornatus); and the listed plants Callicarpa ampla; Ilex sintenisii; Ternstroemia luquillensis; Styrax portoricensis; Ternstroemia subsessilis; Eugenia haematocarpa. In addition, the BA evaluated the possible effects of the activities on the designated critical habitat of the Elfin-Woods Warbler.

Certain areas along PR- 186, are considered as “hot spots” for listed plants such as Eugenia haematocarpa, Styrax portoricensis, and Callicarpa ampla. Further communication with Ms.

Lisa Landers with FHWA confirms that the proposed work areas coincide with these hot spot

Mr. Rose 2 areas. Although all work proposed will be on the existing road surface, care should be taken to avoid any side casting of material down slope.

The BA provides conservation measures for all the above- mentioned species. Based on the implementation of these conservation measures FHWA had determined that the proposed work may affect but is not likely to adversely affect the above listed species. In addition, the proposed work will not adversely modify the listed critical habitat for the Elfin-Woods Warbler.

We have reviewed the information provided and in our files, and concur with your determination that the proposed action may affect, but is not likely to adversely affect, the above referenced species, and is not likely to adversely modify designated critical habitat.

In view of this, we believe that requirements of section 7 of the Endangered Species Act (Act) have been satisfied. However, obligations under section 7 of the Act must be reconsidered if: (1) new information reveals impacts of this identified action that may affect listed species or critical habitat in a manner that was not previously considered; (2) this action is subsequently modified in a manner not previously considered in this assessment; or, (3) a new species is listed or critical habitat determined that may be affected by the identified action.

If you have any questions, please contact Felix Lopez at 787 510-5208.

Sincerely yours, Edwin E. Muñiz Field Supervisor fhl

DNER, San Juan USFS, El Yunque FWS, El Yunque